§ 716.030.Order Directing Judgment Debtor to Transfer Possession
Title 9. Enforcement of Judgments · Division 3 · Chapter 4. Judgment for Sale of Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 716.030 lets a judgment creditor apply, ex parte or by noticed motion, for a court order directing the judgment debtor to transfer possession of property to be sold, or its documentary title evidence, to the levying officer, issued on a showing of need and enforceable through contempt.
(a)If a writ of sale is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer:
(1)Possession of the property to be sold if the prescribed method of levy is by taking the property into custody.
(2)Possession of any documentary evidence of title to property to be sold. An order pursuant to this paragraph may be served when the property is levied upon or thereafter.
(b)The court may issue an order pursuant to this section upon a showing of need for the order.
(c)The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court.
Plain-English Summary
This section gives a creditor enforcing a writ of sale the same direct-order option § 714.030 gives a creditor enforcing possession of personal property. Once a writ of sale is issued, the creditor may apply — ex parte, unless the court directs a noticed motion or a rule requires one — for an order directing the judgment debtor to transfer to the levying officer either possession of the property (when the prescribed levy method is taking it into custody) or possession of any documentary title evidence for it. An order covering title documents can be served when the property is levied on, or at any point afterward.
As with the possession-enforcement version of this order, the court needs a showing of need before issuing it, and the order must be personally served on the judgment debtor with a warning that noncompliance can lead to a contempt finding.
Frequently Asked Questions
When can a creditor seek this order directing the debtor to transfer possession?
After a writ of sale has issued, the creditor may apply ex parte or by noticed motion, depending on court direction or local rule.
Can the order also cover documentary evidence of title?
Yes, and an order for title documents may be served when the property is levied on or at any time afterward.
What happens if the debtor doesn't comply with the order?
The order must warn the debtor that noncompliance may result in being held in contempt of court.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:order to transfer possession for sale california